A local court in Patna on Friday granted bail to seven men arrested from hotel Panache for alleged violation of prohibition on April 26.
It was the first case after prohibition came into force in Bihar on April 5.
While granting the bail, the court of additional district and sessions judge Akhilanand Dubey observed that Section 47 of Bihar Excise (Amended) Act was not applicable in this case because the arrested men appeared to have kept liquor to consume it.
The arrested were identified as Pradip Kumar Lohia, Ashok Agrawal, Rajiv Agrawal, Sanjay Kumar Poddar, Sanjay Tekriwal, Sachin Agrawal and Shailesh Giridhari Prasad Saraf.
The medical examination conducted by doctors at Patna Medical College and Hospital immediately after the arrest stated that the men didn't appear to be under the effect of alcohol. They could take care of themselves and their gait was normal.
It also said alcohol intake could not be confirmed as breathalysers were not available.
Section 47 talks about penalty for unlawful import, export, transport, manufacture, sale, etc of liquor and carries a minimum imprisonment of 10 years, which may extend up to life imprisonment and a fine that may go up to Rs 10 lakh.
Police had imposed sections 47 and 53(b) while lodging the case against the arrested men on the night of April 26 from room number 308 of hotel The Panache in Gandhi Maidan. The Section 53(b) of the Act deals with consumption of liquor at an unauthorised place and creating nuisance. It is a bailable section.
Police had also imposed Section 63 of the Act while lodging the case. The section says that whoever, being a licensee under this Act and having the control or use of any house, room, enclosure, space, animal or conveyance, knowingly permits it to be used for commission by any other person of an offence punishable under any provision of this Act, shall be punishable in the same manner as if he had himself committed the said offence.
Moving the petition, Janardan Rai, the counsel for the accused, said the use of Section 47 of the Excise Act was not tenable in this case and also medical reports didn't confirm that his clients had consumed alcohol. Rai also pleaded that the other sections imposed on his clients were bailable. Public prosecutor Gajendra Prasad opposed the argument put forward by the defence counsel but the court didn't entertain it and granted bail to the arrested men.
Hotel owner Dilip Kumar and three of his four general managers are out on bail too. The fourth manager has still not appeared in the court seeking bail in this case.